¿Los cónyuges E y L requieren autorización de trabajo?

Kyle Huffman • January 6, 2023

Un acuerdo reciente de USCIS ha aclarado el incidente de autorización de trabajo al estado para ciertos cónyuges E y L.

Click here to read this article in Portuguese and English


     En años anteriores, los cónyuges de ciertas categorías de visa E y L debían solicitar y recibir un Documento de Autorización de Empleo para poder trabajar en los Estados Unidos. Sin embargo, como resultado de un acuerdo alcanzado por la USCIS en la demanda colectiva Shergill vs. Mayorkas el 10 de noviembre de 2021, la USCIS ahora considera que los cónyuges dependientes E y L están autorizados para trabajar, en relación con su estado.

     La USCIS ha emitido una alerta de política que aclara esta decisión. La guía para los cónyuges H-4 no ha cambiado, pero es posible la extensión automática de la autorización de empleo para aquellos en esta categoría de visa. Para los cónyuges L-2 y E-2, el acuerdo ahora confirma la autorización de empleo relacionada con su estado.

     Si es un cónyuge dependiente E, su próxima entrada a los Estados Unidos debería proporcionarle un nuevo formulario I-94 que indica su estado como cónyuge E con la anotación 'S'. Para los cónyuges de comerciantes de tratados E-1, el I-94 ahora debe incluir el estado del cónyuge como 'E-1S', y lo mismo se aplica para los cónyuges E-2 y E-3, cuyos I-94 mostrarán 'E-2S ' y 'E-3S' respectivamente.

     Si bien este acuerdo dará como resultado un acceso mucho mayor al empleo para ciertos cónyuges E y L, es importante tener en cuenta que este acuerdo no cubre a los hijos dependientes E y L, quienes no tendrán autorización de empleo de la misma manera que los cónyuges. 

     Si tiene alguna inquietud sobre lo que esto significa para usted, programe una consulta con uno de nuestros abogados con experiencia en el área.

Esperamos con interés trabajar con usted.

Este blog no pretende constituir una asesoría legal y nada aquí debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de tomar acción basándose en cualquier información que lea aquí.

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Kyle Huffman


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